JUDICIAL REFORMS IN TANZANIA: CHALLENGES AND OPPORTUNITIES   January, 2016 HON. M. C. OTHMAN, C.J.

INDEPENDENCE OF JUDICIARY The fact that judges are appointed by the President has not led to a compromise in their independence from the Executive. This is partly due to the stringent screening that is done to ensure that a person has the necessary qualifications and integrity before being appointed judge. Those who have served as judges over the past three to four decades have, by and large, managed to project a judiciary keen to maintain and preserve its independence. The judiciary has adequate independence, but remains weak in delivery of justice for other reasons. SOURCE: AFRICAN PEER REVIEW MECHANISM (APRM): Tanzania Country Self Assessment Report (2011)

JUDICIAL CASE LOAD TANZANIA (CASES DISPOSED: 2015) COURT NO. OF CASE PERCENTAGE (%) Court of Appeal 943 0.34% High Court 17,743 6.46% Resident Magistrates’ Court 17,027 6.20% District Courts 34.477 12.57% Primary Courts 204,073 74.40% Total 274,263 99.97%

JUDICIAL REFORM: INTEGRATED APPROACH PARNERSHIPS & COOPERATION: LAW ENFORCEMENT AGENCIES+ STAKEHOLDER ORGANIZATION, CHANGE MANAGEMENT AND LEADERSHIP PUBLIC INFORMATION AND COMMUNICATION/ MEDIA RELATION CASE MANAGEMENT SYSTEM CORE FUNCTION: JUSTICE DELIVERY HUMAN RESOURCES MG & CAPACITY BUILDING IJA (CLE) ICT COURT PROCESSES IMPROVEMENT PROCEDURES & POLICIES FINANCIAL/ BUDGETARY RESOURCES COURT INFRASTRUCTURE

TANZANIA JUDICIARY ADMINISTRATION ACT, NO.4 OF 2011 Establishment of Judiciary service. Separation of functions (Court Administrators and Registrars). Establishment of Judiciary Fund. Appointment and discipline of Non-judicial staff. Performance Evaluation System. Judicial Ethics and Conduct. Judicial Service Commission.

INSTITUTIONAL AND INDIVIDUAL PERFORMANCE Maximum life span of cases TANZANIA INSTITUTIONAL AND INDIVIDUAL PERFORMANCE TABLE 1 Maximum life span of cases Court of Appeal 2 years High Court Resident Magistrate’s Court 18 months District Courts Primary Courts 12 months

TABLE II Performance benchmarks 220 cases per year / Judge (Quantitative) 250 cases per year /Resident Magistrate (RM/DC) 260 cases per year (RM/PCM) (Qualitative) Revisional powers Judicial inspection and supervision Appellate oversight/scrutiny

TANZANIA JUDICIARY STRATEGIC PLAN 2015 – 2020 VISION: Timely, Quality and Accessible Justice for All. MISSION: Administer justice to all though the provision of quality, fair, transparent and impartial decisions. Three strategic pillars Governance, Management of resources and accountability. Access to justice and expeditiousness of justice delivery. Public trust and stakeholders engagement.  

TANZANIA JUDICIARY LED MODERNIZATION AND REFORM IS CENTRED ON Identification of deficiency in service delivery. Judiciary administration and organization. Enhancing case clearance and disposal capacity. Tackling case backlog. Performance benchmarks (quantitative and qualitative) Enhanced judicial supervision and inspection of subordinate courts. ICT and e-platforms for case management and court business processes. Developing and improving Court Infrastructure and accessibility.

Enhancing human resource capacity, competence and professionalism (IJA). Increased public awareness of Court procedures and processes. Global learning and bench marking with other jurisdictions. Citizen complaints and response mechanisms. Keeping pace with other government pillars. Alighnment with social economic development (vision 2025) priorities.

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